Bit of a conundrum here

[RCWN 0]

Hi there, new to the site and trying to find immediate help/advice on a bit of a tough subject.

So I was flying out of London Heathrow tonight and upon check-in I was told that I am not authorized for travel to the US.

After a lot of digging I found out that it was due to me overstaying my VWP for a total of 29 days due to my wife suddenly becoming pregnant (which we are both elated over). It's understandable after reading and knowing all the restrictions and guidelines in place under the ESTA program and I am by no means looking for a resolution on that matter, what I am curious is to how I go about getting back relatively soon. I, or should I say we, are under the presumption I will not be back for the holidays this year. My question falls under the fact as to how I can get back for the birth at least.

We were going to go down the route of adjustment of status when we found out about the pregnancy (hence the overstay) but the savings I had left did not permit that to happen given the cost of all the forms and vaccinations I would have needed and decided to do it via consular processing, especially as we are now married and have a child on the way my ties to the UK do not outweigh that of a life in the USA.

Can anyone offer me up a solution, bit of advice or point me in the direction I should most likely take?

Any help would be greatly appreciated.

Many thanks.

[NigeriaorBust 4,087]

You need to file a CR1 and the process will take about a year. You can't use VWP again and you have little chance of a visitors visa with obvous immigrant intent and an overstay of VWP so recent. You will most likely miss the birth.

[aaron2020 11,651]

The only solution for you is to apply for a B1/B2 visitor visa if you only want to visit. With the overstay, you might find it difficult to get one.

If you want to immigrate, it will take about a year.

Edited December 19, 2013 by aaron2020

[Darnell 8,478]

ya, sorry, you blew the rules on the VWP. You can chase after a B1 visa the next time.

Edited December 19, 2013 by Darnell

[Nich-Nick 3,353]

Just a FYI-- London does not approve B1/B2 visitor visas easily because it's a VWP country. Most I've read on this forum say they are turned down swiftly without much discussion based on not having enough ties to the UK. Better prepare a very strong application full of evidence why you will return to the UK.

[RCWN 0]

So the best option by the sounds of it would continue via consular processing along the CR-1 route?

The B1/2 Visa (Tourist) some have mentioned seems likely.

Is it possible to apply for the tourist visa on the off chance whilst the consular processing is going on or is it a no-go, just the one application at a time?

Many thanks.

[RCWN 0]

The B1/2 Visa (Tourist) some have mentioned seems less likely.***

[jan22 2,889]

So the best option by the sounds of it would continue via consular processing along the CR-1 route?

The B1/2 Visa (Tourist) some have mentioned seems likely.

Is it possible to apply for the tourist visa on the off chance whilst the consular processing is going on or is it a no-go, just the one application at a time?

Many thanks.

The visitor's visa in your situation is highly UNlikely. You clearly have immigrant intent, and you want to do it ASAP. You just came from a VWP overstay in which you planned to adjust status to permanent residency. What is there in this picture that would ever convince a visa officer that you were not an intending immigrant? Nothing -- because that is your intent.

[Nich-Nick 3,353]

Yes, you need the CR1 visa to move to the US and live there, so get started. Your wife begins the process by filing a petition with USCIS. Then the case goes to NVC for processing/visa application. Finally you will have a medical and interview in London.

Question for Darnell or anybody who keeps up with CR1s--

Since the I-130 petitions have slowed so significantly, do you think the K3 would go through faster like in years past? Is anybody trying that route? I don't read CR1 forums so don't know the latest trends. Looking at the VJ timeline summary, it seems like I-129Fs for K3s are months ahead of I-130s.

RCWN-- you can apply for a B1. If granted it would be much sooner than your IR1. When your spouse visa is issued, they would cancel any other valid visas. I don't think it looks hopeful since you actually have more reason to be in the US than return to the UK. You could try. All you have to lose is money for the application. Maybe they would have sympathy on you and allow you to be there for the birth of your child if you have evidence that a CR1 for permanent immigration is in the works. All this costs money and you said you didn't have $1070 to apply for adjustment of status.

CR1 route = $903 + £294.50

$420 (USCIS) I-130 petition

$230 (National Visa Center) Visa fee

$88 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate

£235 (Knightsbridge Doctors) medical exam

$30 Courier fee if home delivery, $0 to pick up at a depot

$165.00 (USCIS) Immigrant Fee via the Department of State's website -

Edited December 19, 2013 by Nich-Nick

[RCWN 0]

Thanks Nick, in regards to the financial situation it wasn't that we didn't have the money for the AOS, it was the vaccinations and medical examination that proved to be the most costly. Virtually all of my vaccines were out dated and boosters were needed.

Regarding K-3's, most of what I have read is stating that they are pretty much redundant. More worth while going the CR-1 route seeing as it allows me to travel and work right off the bat.

Guess the only solution is to get onto this promptly.

Thanks for the help, I'll provide any updates when possible.

[Nich-Nick 3,353]

Thanks Nick, in regards to the financial situation it wasn't that we didn't have the money for the AOS, it was the vaccinations and medical examination that proved to be the most costly. Virtually all of my vaccines were out dated and boosters were needed.

Regarding K-3's, most of what I have read is stating that they are pretty much redundant. More worth while going the CR-1 route seeing as it allows me to travel and work right off the bat.

Guess the only solution is to get onto this promptly.

Thanks for the help, I'll provide any updates when possible.

There's only two shots (unless it's flu season). MMR and Tdap. Being from the UK you probably had chickenpox so skip the varicella shot. They take your word for it. Health departments give reduced price shot. But that is water under the bridge now. You still pay for a medical exam in London.

Here's the deal with K3. File I-130. When you get your receipt, you can file I-129F for a K3. Then it is a race to see which got approved first. The I-129F used to win and so you went with that and the K3 processing at the embassy because it got there first. Then the slow I-130s got fast and always won or tied. In that case, they administratively close your I-129F and you are forced to the CR1 process. It got to be where the I-129Fs never ever won the approval race, so they were redundant in most instances.

So I was looking at VJ processing times here (middle column) http://www.visajourney.com/timeline/

Example California Service Center is processing I-130s from last March.

But they are processing I-129Fs for K3 from November. Seems like a 6-7+ month difference where the K3 petition would get approved first. The K3 is still a valid visa if the I-129F gets approved first. That's why I wondered if anybody was going back to K3s because of slow approvals of I-130s. I don't follow that anymore. I agree CR1 is a better visa, but mentioned the other if you want to join your baby quicker.

[dwheels76 5,458]

Here's the deal with K3. File I-130. When you get your receipt, you can file I-129F for a K3. Then it is a race to see which got approved first. The I-129F used to win and so you went with that and the K3 processing at the embassy because it got there first. Then the slow I-130s got fast and always won or tied. In that case, they administratively close your I-129F and you are forced to the CR1 process. It got to be where the I-129Fs never ever won the approval race, so they were redundant in most instances.

So I was looking at VJ processing times here (middle column) http://www.visajourney.com/timeline/

Example California Service Center is processing I-130s from last March.

But they are processing I-129Fs for K3 from November. Seems like a 6-7+ month difference where the K3 petition would get approved first. The K3 is still a valid visa if the I-129F gets approved first. That's why I wondered if anybody was going back to K3s because of slow approvals of I-130s. I don't follow that anymore. I agree CR1 is a better visa, but mentioned the other if you want to join your baby quicker.

There's no race to see which gets approved first. USCIS has published they will marry up both petitions and they will be adjudicated together. If they don't the I-129F will be closed. No choice in the matter to go K3.

Seen two I-129F get throw toi embassy and they closed once they saw an approved I-130. They just aren't doing them. Doesn't hurt to file although many strongly believe including me it just slows you down even more because now there are two petitions to wade through.

[David & Diana R 1,005]

Hi there, new to the site and trying to find immediate help/advice on a bit of a tough subject.

So I was flying out of London Heathrow tonight and upon check-in I was told that I am not authorized for travel to the US.

After a lot of digging I found out that it was due to me overstaying my VWP for a total of 29 days due to my wife suddenly becoming pregnant (which we are both elated over). It's understandable after reading and knowing all the restrictions and guidelines in place under the ESTA program and I am by no means looking for a resolution on that matter, what I am curious is to how I go about getting back relatively soon. I, or should I say we, are under the presumption I will not be back for the holidays this year. My question falls under the fact as to how I can get back for the birth at least.

We were going to go down the route of adjustment of status when we found out about the pregnancy (hence the overstay) but the savings I had left did not permit that to happen given the cost of all the forms and vaccinations I would have needed and decided to do it via consular processing, especially as we are now married and have a child on the way my ties to the UK do not outweigh that of a life in the USA.

Can anyone offer me up a solution, bit of advice or point me in the direction I should most likely take?

Any help would be greatly appreciated.

Many thanks.

News Flash! "SUDDEN PREGNANCY" causes man to lose his mind and forget how to get home. Could this be a new syndrome?? More on the 10 o'clock news...

Sorry, I just couldn't help it. That is one of the funniest, if not the funniest line I have ever read on Visa Journey so far.

God Bless you both, I mean the three of you.

Mele Kalikimaka

[Nich-Nick 3,353]

There's no race to see which gets approved first. USCIS has published they will marry up both petitions and they will be adjudicated together. If they don't the I-129F will be closed. No choice in the matter to go K3.

Seen two I-129F get throw toi embassy and they closed once they saw an approved I-130. They just aren't doing them. Doesn't hurt to file although many strongly believe including me it just slows you down even more because now there are two petitions to wade through.

Thanks for clarifying. I was just digging around and found an AILA/USCIS session from April this year saying that. Was coming back to post.

K-3 Petitions

Question 14: With the passage of the LIFE Act in December 2000 and the promulgation of implementing regulations in April 2001, both Congress and Legacy INS announced a policy that would, in theory, allow foreign spouses to join their U.S. citizen spouses in the United States quickly and avoid the long separation associated with increased I-130 processing times. USCIS has adopted a policy to adjudicate the K-3 petition (Form I-129F) and petition for alien relative (Form I-130) simultaneously. This practice effectively eliminates the benefits of the K-3 petition and frustrates the intent of the LIFE Act together. DOS takes the position that when the I-129F and the I-130 are approved together, the beneficiary becomes ineligible for a K-3 visa and therefore, proceeds with processing the immigrant visa application. Will USCIS reconsider its policy to adjudicate both petitions together and implement a policy to adjudicate K-3 petitions within 30 days in order to achieve the clear policy imperative announced by Congress with the creation of the K-3 visa?

Response: The K-3 visa was intended to reunite families separated due to a backlog in I-130 adjudications. However, I-130s are no longer backlogged and are currently being processed in under 6 months. Therefore, USCIS does not, at this time plan to implement a new policy on the K-3 visa petition process.

Source page 8 http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/April%202013/AILAagenda041113.pdf

Edited December 20, 2013 by Nich-Nick